Boom Logistics Limited

[2013] FWCA 7176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boom Logistics Limited
(AG2013/2582)

BOOM LOGISTICS LTD HUNTER VALLEY WORKSHOP ENTERPRISE AGREEMENT 2013-2016

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Boom Logistics Ltd Hunter Valley Workshop Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Boom Logistics Ltd Hunter Valley Workshop Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boom Logistics Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boom Logistics Limited was involved in an application to the Fair Work Commission for the approval of the Boom Logistics Ltd Hunter Valley Workshop Enterprise Agreement 2013-2016. The applicant sought to have the agreement registered with the Fair Work Commission, which would give it legal effect and enforceability. The application was opposed by a number of unions representing the employees of the company. The central issue before the Fair Work Commission was whether the agreement met the requirements of the Fair Work Act 2009 for approval and registration. Specifically, the unions argued that the agreement failed to comply with the "better off overall test" which requires that employees be no worse off financially under the terms of the enterprise agreement than they would be under the applicable award or safety net. The Fair Work Commission considered the evidence presented by both parties and concluded that the agreement did meet the requirements for approval. The Commission found that the agreement provided for a number of benefits to employees, including higher wages and improved conditions, which outweighed any potential detriments. The Commission also found that the agreement met the "better off overall test" and that employees would be no worse off financially under the agreement than they would be under the applicable award or safety net. As a result, the Fair Work Commission approved the agreement and ordered that it be registered. The unions were given the opportunity to lodge an appeal against the decision, but none was lodged. In conclusion, the Fair Work Commission approved the Boom Logistics Ltd Hunter Valley Workshop Enterprise Agreement 2013-2016 and ordered that it be registered, finding that it met the requirements of the Fair Work Act 2009 and provided for benefits to employees that outweighed any potential detriments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established